Ordinance No. 21-24ORDINANCE NO.21-24
AN ORDlNANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH.FLORIDA.AMENDING THE LAND
DEVELOPMENT REGULATlONS OF THE CITY OF DELRAY BEACH
CODE OF ORDINANCES CHAPTER 2."ADMINISTRATIVE
PROVISIONS."ARTICLE 2.6,"NOTICE REQUIREMENTS,"SECTION
2.6.3."REQUlRED PUBLIC NOTICE,"BY ENACTING A NEW
SUBSECTION (H),"WAIVERS"TO ADD PUBLIC NOTICE
REQUlREMENTS FOR WAIVER REQUESTS THAT REQUIRE CITY
COMMISSION APPROVAL.PROVIDING A CONFLICTS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE;AUTHORITY TO CODIFY?
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,the Land Development Regulations (the "LDR")of the City of Delray Beach
("City")Code of Ordinances provide authority for the City Commission to amend,change,
supplement,or repeal the LDR from time to time;and
WHEREAS,the City requires public notices for certain development applications in order
to provide the public with an opportunity to comment and provide input at the public meeting
where the application will be considered;and
WHEREAS.based on direction from the City Commission,this Ordinance will require
public notice for waiver requests that are considered by the City Commission:;and
WHEREAS.pursuant to Florida Statutes l63.3 I 74(4)(c),the Planning and Zoning Board
for the City of Delray Beach,sitting as the Local Planning Agency,considered this item at a public
hearing on June 17,2024,and voted 5 to O to recommend approval of the proposed text
amendments,finding that the request and approval is consistent with the Comprehensive Plan and
meets the criteria set forth in the Land Development Regulations.
NOW,TIIEREFORE.BE IT ORDAINED BY Tl IE CITY COMMISSION OF TIIE CITY
OF DELRAY BEACH,FLORIDA,AS FOLLOWS:
Section 1.The recitations set forth above are incorporated herein.
Section2.The City Commission of the City of Delray Beach finds this Ordinance is
consistent with the Comprehensive Plan,meets the criteria set forth in the Land Development
Regulations.and is in the best interests of the City.
Section3.Chapter 2."Administrative Provisions."Article 2.6,"Notice
Requirements,"Section 2.6.3."Required Public Notice."of the Land Development Regulations of
the City of Delray Beach.Florida.is hereby amended as follows:
Sec.2.6.3.Required Public Notice.
(A)
(B)
(c»
(D0»
(E)
(F)
(G»
II
Amendments to the Comprehensive Plan (Text and/or Land Use Map Amendments).
N otice requirem ents contained within the applicable sections of Florida Statutes Chapter
163 shall apply.Additional notice in Section 2.6.2 (A ),(B),(C),and (D )shall be pro vided
prior to the Public Hearing befo re the Planning and Zoning Board.
Annexations.Notice requirements fo r both voluntary and non-voluntary requests contained
within the applicable sections of Fl orida Statute Chapter I7I shall apply.No additional
notice is required.
Conditional uses.Notice requirements in Section 2.6.2 (A ).(B).(C)and (D)shall be
pro vided prior to the scheduled Public Hearing befo re the Planning and Zoning Board.
Land Development Regulations Text Amendment,principal,conditional or prohibited
use.N otice requirem ents co ntained within the applicable sections of Florida Statutes
C hapter 166 shall apply.
Rezoning.Notice requirem ents for both privately initiated and City-initiated requests
contained within the applicable sections of Fl orida Statutes Chapter 166 shall apply.
A dditional notice in accordance with Section 2.6.2 (A).(B),(C).and (D )shall be pro vided
prior to the Public Hearing befo re the Planning and Zoning Board.
Right-of-way abandonments.Notice in accordance with Section 2.6.2 (A ),(B),(C),(D).
and (E)shall be pro vided prior to a Public Hearing before the Planning and Zoning Board.
The notice shall describe the pro pert y to be abandoned and shall genera lly describe the
obligations that will accru e to the pro perty ow ners if the abandonme nt is appro ved.
Variances.Notice in accordance with Sect ion 2.6.2 (A ).(B).(C),and (D )shall be provided
prior to a Public He aring befo re the applicable Board.
aiyer.Notice in accordance with Section2.6.2A )_(By (_)and (Dy shall be provided
prior to the Public Hearing befo re the City C omm ission
Section 4.
are,hereby repealed.
All ordinances or parts of ordinances in co nflict herew ith be,and the same
Section5.Should any section or pro vision of this Ordinance or any portion thereof.
any para gra ph,sentence,or word be declared by a court of competent jurisdiction to be invalid.
such decision shall not affect the validity of the rem ainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 6.
Section 7.
Specific authority is hereby given to the City Clerk to codify this Ordinance.
This Ordinance shall becom e effective im m ediately upon its passage on
second and final reading.
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ORD.NO.21-24
,,J,.,PASS~ND ADOPTE~i~,regular session on second and Unal reading un this the/T aos ot 4 a00f .2o2+
ATT ST:
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Sccond Reading --~t-'.0~'1_,.t-~-º~~~'---
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ORD.NO.21-24